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Landmark Judgments and Articles on Law

Whether the court can take cognizance of offence if the police have filed chargesheet against accused in the Non-cognizable crime?

IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH) Criminal Petition Nos. 100319 and 100326 of 2014 Decided On: 25.07.2014 Moin Basha Kurnooli Vs. The State of Karnataka Hon’ble Judges/Coram: K.N. Phaneendra, J. 1. All the above said 43 Criminal Petitions are clubbed and taken up…

Power U/s 482 CrPC Cannot be exercised Where the Allegations are required to be Proved In Court of Law

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 175 OF 2020 (ARISING OUT OF SLP (CRIMINAL) NO. 172 OF 2017) STATE OF MADHYA PRADESH …..APPELLANT(S) VERSUS YOGENDRA SINGH JADON & ANR. …..RESPONDENT(S) JUDGMENT HEMANT GUPTA, J. 1. The State is aggrieved…

Bail granted as chargesheet in FIR under Section 304-II IPC is not submitted within 60 days

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19th December, 2018 Decided on: 21st December , 2018 BAIL APPLN. 2760/2018 DEVESH KUMAR ….. Petitioner Represented by: Mr. R.K. Wadhwa, Mr.Vishesh Wadhwa, Ms. Meenal Duggal, Advs. versus STATE….. Respondent Represented by: Ms. Meenakshi…

Whether court can Quash prosecution against accused even if Chargesheet is filed against him?

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Petition For Quashing FIR Can Be filed Even If Chargesheet Is Filed During Its Pendency.

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1395 OF 2018 [Arising out of SLP (Crl.) No. 3730 of 2016] Anand Kumar Mohatta and Anr. ….Appellant(s) Versus State (Govt. of NCT of Delhi) Department of Home and Anr. …Respondent(s) J U D…

Procedure to be followed by Magistrate when CCTV video recordings footage is produced by Police at the time of filing of Chargesheet

IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 27-1-2016 Coram Mr.Justice R.SUDHAKAR and Mr.Justice P.N.PRAKASH Referred Trial No.1 of 2015 Criminal Appeal No.110 of 2015 K. Ramajayam @ Appu Vs. The Inspector of Police, The Reference, R.T.No.1 of 2015 is made by the learned III Additional…

MP HC: 498A FIR & CS Quash against Sister-in-Law on vague allegations

Madhya Pradesh High Court Reetesh Vinode vs The State Of Madhya Pradesh on 11 July, 2017 M.Cr.C. 9782 of 2016 Shri J.S. Kushwaha, Counsel for the applicants. Shri Prakhar Dhengula, Counsel for the State/respondent no.1 None for the respondent no.2, though served. Heard finally. This…

Chargesheet cant be treated as change of circumstances entitling accused to be released on bail

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 601 OF 2017 VIRUPAKSHAPPA GOUDA Vs THE STATE OF KARNATAKA Dated:March 28, 2017. Citation: AIR 2017 SC 1685 2. The appellants, who have been arraigned as accused in sessions case being S.C. No.90…

Bombay HC: 498A Quash against Sister-in-Laws – Another abuse of the process

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 599 OF 2014 Mrs. Shahnaj Taj. Mohd. Hashmi & Anr. ..Petitioners v/s. Senior Inspector of Police & Anr. ..Respondents Mr. Afroz A. Siddiqui for the Petitioner. Mr.S.K.Shinde, P.P. a/w. Mr.K.V.Saste, APP…

P&HC – 498A / 406 Chargesheet Quash against In-Laws – Husband Declared as PO

Summary   As usual, Wife filed 498A/406 & combo IPCs against husband & family members Petitioners are MIL, FIL & BIL who prefered to Quash the Chargesheet. Parents contented that they have disown the son and residing separately for last 9 years Honorable P&H HC…

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